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LEWISTON RACEWAY v. HARNESS RACING COM'N

593 A.2d 663 (1991)

LEWISTON RACEWAY, INC. v. MAINE STATE HARNESS RACING COMMISSION.

Supreme Judicial Court of Maine.

Decided July 16, 1991.

Attorney(s) appearing for the Case

Alfred C. Frawley (orally), Peter Lowe, Brann & Isaacson, Lewiston, for plaintiff.

Michael E. Carpenter, Atty. Gen., James Bivins, Gwendolyn D. Thomas (orally), Asst. Attys. Gen., Augusta, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD, COLLINS, and BRODY, JJ.

WATHEN, Justice.

Defendant Maine State Harness Racing Commission appeals a decision of the Superior Court (Androscoggin County, Delahanty, C.J.) reversing a Commission order denying plaintiff Lewiston Raceways, Inc. stipend monies for capital improvements. Defendant argues that it is authorized to withhold the payment of the stipend pursuant to 8 M.R.S.A. § 275 (Supp.1990). We disagree and affirm the judgment of the Superior Court.

Plaintiff was...

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